Drug Tests at Work & Your Rights

Drug testing for employees has became standard in many industries. This has left many people wondering about the legalities of this process. Unfortunately, it is hard to find a universal answer since laws and regulations vary widely from state to state.

In New York & New Jersey

- In New York, employers have the right to perform random drug testing and fire employees as a result of a failed test.

- Employers also have the right to fire employees who refuse to take a drug test.

- However, it is still wise for employers to specify their policy about illicit substances and their intention to perform random drug testing from the onset of employment.

- If you get fired as a result of a failed drug test, you can be denied unemployment and other benefits.

- If you are singled out for testing on the basis of your race, gender or disability, you may have a case for discrimination.

- Employers also cannot ask about what prescription medications you may be on. The exception to this is if you are behaving erratically or in a manner that would suggest you are impaired, while on the job.

- The Federal government requires that all employees be free of illicit substance as a condition of employment.

If you or a loved one has had their employment affected by drug testing, it is a good idea to contact an experienced attorney. Although employers do have a right to drug test in both New York and New Jersey, you may be able to find a better and more equitable outcome when working with an attorney who can review the details of your specific case.

- Kevin P. McKernan